Excerpt: ... or around July 2018. (Second Amended Complaint [“SAC”] at ¶¶ 1‐3, 15.) Shortly after being hired, plaintiff Bryla informed his foreman, Tim Smith (“Smith”), about his disability. (Id. at ¶ 16.) Smith was very accommodating and tried to ensure plaintiff Bryla was treated respectfully at the workplace. (Ibid.) Plaintiff alleges that his co‐worker Jesse Aguilar (“Aguilar”) began calling plaintiff Bryla names such as “idiot,” ...

Excerpt: ...gal services rendered. According to the allegations of the Complaint, Bomi, Peak Health and Joseph retained Plaintiff as its counsel in June 2018, as did defendant The Phyto Foundation (“Foundation”). (Complaint, ¶¶23, 24, 26, 28 and Exhibits A, B, D and F.) Barahona executed the agreement for legal services with Plaintiff on behalf of the Foundation. (Id., ¶ 28.) Peak Health retained Plaintiff to pursue claims alleging trademark infringem...

Excerpt: ...tiff's bank account by its outside financial services provider, Spot On Consulting to a fraudulently created bank account as the result of an e‐mail generated from Plaintiff's vendor, Exemplis LLC, the resulting data breaches of Exemplis LLC's data, as well as the disclosure of Plaintiff's banking data by Spot On in executing the fraudulent transfer. On 11/9/2020, Defendants Spot On Consulting, Laddy and Playle (the “Spot On Defendants”) de...

Excerpt: ... associated with a consumer credit account issued by Credit One Bank, N.A. (Class Action Complaint, ¶ 12.) Plaintiff denies that he owes any debt on this account. (Ibid.) On or about February 22, 2019, Credit One sold the alleged debt to Defendant for collection. (Id. at ¶ 14.) MCM sent Plaintiff an initial collection letter on February 25, 2019. (Complaint, ¶¶ 16–17.) Plaintiff alleges that the letter violated Civil Code section 1788.52, s...

Excerpt: ..., LLC dba City Sports Club. As explained below, the Court GRANTS Ageless's motion. I. BACKGROUND4 Plaintiff filed the original complaint in this action on August 2, 2016, alleging that he was injured when he fell into a hole in the ground on his Sunnyvale worksite on August 6, 2014. He named Fitness International among other defendants. Plaintiff asserts claims for general negligence and premises liability against the defendants. On October 28, 2...

Excerpt: ...rth in that order. Before the Court are Plaintiff's motions for final approval of the settlement and for approval of his attorney fees, costs, and service award. Plaintiff's motions are unopposed. I. LEGAL STANDARDS FOR CLASS ACTION SETTLEMENT APPROVAL Generally, “questions whether a [class action] settlement was fair and reasonable, whether notice to the class was adequate, whether certification of the class was proper, and whether the attorne...

Excerpt: ... are set forth in that order. Before the Court is Plaintiffs' motion for final approval of the settlement and for approval of their attorney fees, costs, and service awards. Plaintiffs' motion is unopposed. I. LEGAL STANDARDS FOR SETTLEMENT APPROVAL A. Class Action Generally, “questions whether a [class action] settlement was fair and reasonable, whether notice to the class was adequate, whether certification of the class was proper, and whethe...

Excerpt: ..., 161 North First Street, San Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 9 December 2020. Please specify the issue to be contested when calling the Court and Counsel. Demurrer And Motion To Strike The Cross‐Complaint By Cross‐Defendants Security Industry Specialists, Inc. And Gary Sokol. I. Statement of Facts. A. First Amended Complaint. This action ari...

Excerpt: ...allegedly used his position with Exadel to convince Plaintiff to begin and continue a sexual relationship with him. (Ibid.) For example, Defendant falsely promised Plaintiff that “she could extend the time to exercise her stock option until the company consummates a sale.” (Ibid.) Plaintiff and Defendant began a sexual relationship in October 2013. (FAC, ¶¶ 7‐9.) Prior to the commencement of their relationship, Plaintiff asked Defendant i...

Excerpt: .... Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 9 December 2020. Please specify the issue to be contested when calling the Court and Counsel. Order On Demurrer to Verified Complaint for Damages. I. Statement of Facts. Plaintiffs Young Jae Shin (“Shin”) and Hee Kyung Lee (“Lee”) (collectively, “Plaintiffs”) are shareholders of nominal defendant Amber Prec...

Excerpt: ...artment 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action arising out of various alleged wage and hour violations. The First Amended Class Action Complaint sets forth the following causes of action: (1) Failure to Pay Overtime Wages; (2) Failure to Pay Minimum Wages; (3) Failure to Provide Meal Periods; (4) Failure to Provide Rest Periods; (5) Wage Statement Violations; (6) Waiting Time Penal...

Excerpt: ...1867 TENTATIVE RULING RE: MOTION TO QUASH; DEMURRER AND MOTION TO STRIKE; MOTION TO QUASH; MOTION TO STAY ORDER The above‐ entitled action comes on for hearing before the Honorable Patricia M. Lucas on December 9, 2020 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: // // 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I. INTRODUCTION This action arises out of alleged trade secret...

Excerpt: ...al; and DOES 1 through 10, Defendants. Case No. 19CV359891 TENTATIVE RULING RE: PETITION TO COMPEL ARBITRATION AND STAY CASE The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on December 9, 2020 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION Plaintiff Maire Tecnimont S.p.A. and its wholly‐owned affiliate, plaintiff MET Gas Processing Technologies S.p.A. (...

Excerpt: ...using it to collide with a traffic pole located at the intersection of Tisch Way, Winchester Boulevard and Interstate‐280 in San Jose, which was owned and maintained by the City. (FAC, ¶¶ 8, 14.) The collision resulted in damage to the traffic pole in the amount of $19,567.53. (Id., ¶ 16.) Defendant was allegedly legally intoxicated when the collision occurred. (Id., ¶ 19.) D. Procedural Based on the foregoing, Plaintiff filed the FAC on Ju...

Excerpt: ...legations of the operative complaint (“Complaint”), on March 28, 2016, the City and Gradetech entered into a contract for the construction and completion of the Lake Cunningham Bike Park Construction Project (the “Project”). (Complaint, ¶¶ 8‐9, Exhibit A.) Gradetech received a Notice to Proceed from the City dated May 3, 2016 with an effective date of May 12, 2016, stating that the first day of the Project was to be May 23, 2016. (Id,...

Excerpt: ...rth First Street, San Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 7 December 2020. Please specify the issue to be contested when calling the Court and Counsel. Orders on Motion of Plaintiffs to: 1. Compel Responses to Form Interrogatories and Request for Production of Documents and Sanctions; 2. Deem Requests for Admissions, Set 1, To Be Admitted and for San...

Excerpt: ...(“Nano”). As is relevant here, Tongtai filed a first amended complaint (“FAC”) against Qi and Nano on February 7, 2018. According to allegations of the FAC, Nano is a California corporation. (FAC, ¶ 2.) Qi is the chief executive officer of Nano and owns 80 percent of its stock. (Id. at ¶¶ 3 & 16.) Qi has complete decision‐making power for Nano. (Id. at ¶ 16.) Nano failed to observe corporate formalities and is undercapitalized. (Ibi...

Excerpt: ...pposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 7 December 2020. Please specify the issue to be contested when calling the Court and Counsel. Order On Motion of Defendant for Relief from Default. I. Statement of Facts. A. Introduction. Plaintiff filed this complaint on 12 June 2020. 3 This Court is familiar with the facts of this matter. The case of City of Milpitas v. Menachem ...

Excerpt: ... Factual and Procedural Background This action arises out of a real estate transaction. According to the allegations of the operative TAC, Krucker owned real estate located at 620 Emerson Street in Palo Alto, California. (TAC, ¶ 14.) On February 26, 2013, Krucker entered into a purchase agreement with Yo for the sale of the property for $3,350,000. (Id. at ¶¶ 14‐15.) In accordance with the terms of the contract, Yo deposited $50,000 with Fir...

Excerpt: ...s Defendants' motion. I. BACKGROUND A. Factual As alleged in the operative complaint, Plaintiff was hired by Defendants in July of 2015 as an hourly, non‐exempt California employee. (Class Action Complaint, ¶ 9.) He and other employees were scheduled for eight hour shifts each workday, but regularly worked more than twelve hours a day with their supervisors' knowledge and permission. (Id., ¶¶ 10, 12, 13.) At the same time, employees were onl...

Excerpt: ...sis of the settlement and settlement class are set forth in that order. Before the Court is plaintiff's motion for final approval of the settlement and for approval of his attorney fees, costs, and service award. Plaintiff's motion is unopposed. I. LEGAL STANDARDS FOR SETTLEMENT APPROVAL A. Class Action Generally, “questions whether a [class action] settlement was fair and reasonable, whether notice to the class was adequate, whether certificat...

Excerpt: ...es its tentative ruling as follows: I. INTRODUCTION This is a putative class action arising out of alleged violations of the Fair Credit Reporting Act (“FCRA”), the California Investigative Consumer Reporting Agencies Act (“ICRAA”), and the California Consumer Credit Reporting Agencies Act (“CCRAA”). Plaintiff also alleges violations of the Labor Code and Business and Professions Code. The First Amended Complaint sets forth the follow...

Excerpt: ...comes on for hearing before the Honorable Patricia M. Lucas on December 2, 2020 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative consumer class action brought pursuant to the California Rosenthal Fair Debt Collection Practices Act (“RFDCPA”). Plaintiff Kerry William Scribner (“Plaintiff”) seeks statutory damages against defendants Simm Associates, Inc., Jeffrey S. Simen...

Excerpt: ...at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action arising out of various alleged Labor Code violations. The Sixth Amended Complaint, filed on October 2, 2018, sets forth the following causes of action: (1) Failure to Pay Meal Periods; (2) Failure to Provide Rest Periods; (3) Failure to Pay Overtime Compensation; (4) Failure to Provide Accurate Wage Statements; (5) F...

Excerpt: ...‐1, MV‐2, & GN‐1.) As Defendant approached the intersection of North River Road and Soldiers Home Road, he lost control of the vehicle, left the roadway, and struck multiple trees on the east side of the road. (Ibid.) Plaintiff suffered serious physical injuries as a result of the accident. (Ibid.) Plaintiff alleges Defendant's negligent operation of the vehicle was the proximate cause of his damages. (Ibid.) Based on the foregoing allegati...